[clxiv. 108]

1820 June 24

Emancipation Spanish

? Corruptive influence

5 Mode of operation

Corruptive influence operating by subornation supposes profit - the matter of good in some shape or other to belong to /have /bear a/ part in/ the case: to have place either in possession or in expectancy; and whether in possession or in expectancy, capable of being left in possession or taken away; if in expectancy, caused or suffered to come into possession, or prevented from so doing so.

On the occasion of /In respect of/ the application of corruptive influence, in respect /on the occasion/ of subornation, the part taken by the suborner may be 1. an active one /part/ or a passive one /part/.

It may be active in either of two ways /modes/: 1. either simply active namely by taking advantage of the /a/ connection already established between the profit of the misdeed on the one part and the commission of that same misdeed on the other and thus /thereupon/ producing the misdeed; or doubly active, namely by not only taking advantage and producing the misdeed as above, but for the express purpose of such production, giving birth to /creating/ the profit itself.
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    In a certain sort situation /In certain situations/ subornation may with equally indisputable propriety be considered as having been committed by a man without his having taken in either of the two ways justmentioned a part that can with propriety be termed active. Of the number of these situations is every political situation in which a chance - more or less probable /considerable/ of being able whether by his sole exertions or by those in conjunction with the exertions of other persons to prevent the misdeed from being committed, and so /or/ the evil from being produced, is in his power

    Correspondent to every species of positive misdeed, whether a political transgression /misdeed/ in the political sense or only in the moral sense, is or may be a negative misdeed or transgression. The observation covers not only the whole field penal law but the whole field of morals, and may be seen brought to view and more or less developed for the first time by Bentham in the context of those works of his which have been published by Dumont. (Anglice misprision of treason the only instance

    Whether it be in the active or only in the passive way, a man may either on the occasion in question be /have been/ a sole suborner - a singly adequate suborner, or a suborner who is no otherwise adequately so than in concurrence with associates in power - a singly inadequate suborner.

    In this latter case, what may or may not have been in the power of the individual in question is - to prevent the profit the temptation from presenting itself - to prevent the profit the mass of the matter of good in question from coming within the reach of the author of or contributor to the misdeed with its evil in the event of the misdeed's being committed: but what can not but have been in his power is the using /employing/ of his endeavours with sincerity towards the production of that desirable result.
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    Where should I look for the most worthless of mankind?

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    In the case where an influence which in its effect or tendency is considered as corruptive, operates in such manner as in effect or tendency to be productive of evil /mischief/ in any shape - a result the production of which is implied in the import of the words corruption - corruptive - and thereby to be /become/ or to be likely to be /become/ productive of a misdeed in any shape, /any shape, from which misdeed profit in any shape can be shewn to accrue/, any one, any person who is considered as being by his conduct knowingly contributory to such mischief has been, or may be considered as a suborner in relation to the misdeed by which the mischief is so produced.

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    Corruptive influence is not the only instrument by which the only mode in which, as in the case of other misdeeds so in the case of a breach of trust, the commission of the misdeed and the production /birth/ of the evil with which it is pregnant, are /is/ capable of being brought about; Another, still more forcible, and, generally speaking, more efficient, is coercive power. This other mode is here mentioned as a distinct one because it is so in some cases. But /though/ when the mode /instrument/ in which the subornation is committed or endeavoured to be committed consists in nothing more than the withdrawing of profit in some shape in which either in possession or in expectancy it is an object of regard, this is among the modes in which /not only does/ the force applied comes under the appellation of corruptive influence; and it /this/ is even the most powerful and efficient shape in which corruptive influence can operate.